Home Case Index All Cases FEMA FEMA + HC FEMA - 2010 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (1) TMI 508 - HC - FEMAAllegation of acts and omissions - The petitioner is contending that reopening of the matter at the present stage after more than 22 years would cause serious detriment and prejudice to the petitioner. It is submitted that the Department has failed and neglected to explain as to why they took 13 years from the date of alleged issuance of the said memorandum to commence adjudication proceedings – Held that: - It is no doubt true that no period of limitation in the Statute to complete the adjudication proceeding is prescribed. But the Apex Court in the case of Government of India v. The Citedal Fine Pharmaceuticals Madras & Ors. – [1989 -TMI - 42485 - SUPREME COURT OF INDIA] was pleased to rule that in absence of any period of limitation, it is settled that every Authority is to exercise the power within a reasonable period - What would be reasonable period would depend upon the facts of each case. No hard and fast rules can be laid down in tins regard as the determination of the question will depend upon the facts of each case - The Department is not entitled to re-open old matters in this manner.
|